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Legal Information: Wisconsin

Restraining Orders

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Updated: 
July 16, 2020

What types of child abuse restraining orders are there? How long do they last?

There are temporary and final child abuse restraining orders (also called injunctions).  A temporary order may be granted by a judge or court commissioner if s/he finds reasonable grounds to believe that the abuser has abused the child victim or may abuse the child victim.1 The temporary order lasts for 14 days or until the full court hearing (and it can be extended once for 14 days if the respondent could not be served or if the parties consent).2

A final child abuse restraining order, or injunction, can be granted only after a full court hearing where the victim and abuser both get a chance to tell their sides of the story.  If granted, a final child abuse injunction may last for up to 2 years or until the child victim turns 18, whichever happens first.  However, there is a possibility that the injunction can last for up to 5 years if you can prove there is a substantial risk that the respondent may commit any of these crimes against the child: first-degree intentional homicidesecond-degree intentional homicidesexual assault or sexual assault of a child (sections (1) or (2)).3  A child abuse restraining order may also order the payment of child support.4

1 Wis. Stat. § 813.122(4)(a)(2)
2 Wis. Stat. § 813.122(4)(c)
3 Wis. Stat. § 813.122(5)(d),(dm)
4 Wis. Stat. § 813.122(5)(e)